If my sister lives in one state, can she move to another state with her children and file for a legal separation there without being charged with child abduction?

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If my sister lives in one state, can she move to another state with her children and file for a legal separation there without being charged with child abduction?

She’ll be leaving their father behind.

Asked on February 18, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as there is no child custody order in place, it should not be considered child abduction. However, if she wishes to leave because she is in fear for her safety, that is one issue versus if she is simply leaving because she doesn't want to be around him anymore. She needs to think of her children and how that will impact them to not be around their father before she makes any rash decision. The best bet is to seek local counsel and not move until she has everything in place and can converse with her children about living situations, changes, and visitation.


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